Mr. Niall Walsh:

I thank the committee for the invitation to present.

I am the manager of the Pathways Centre, the post release centre for the educational service to prisons, which is part of the City of Dublin Education and Training Board, CDETB. Founded in 1996, the centre offers respite to former prisoners in the crucial period after release by providing information, education, counselling, support and referral in a safe and understanding environment. Our work comprises four essential elements, namely, peer support, guidance counselling, educational programmes and activities, as well as personal addiction counselling. We work with upwards of 400 people every year, assisting them to change their life trajectory and reduce criminal behaviour.

Effective spent conviction legislation would assist in reducing recidivism and promoting reintegration through allowing individuals with previous convictions access education. Education has been and still is a proven method of reducing criminal behaviour. It allows individuals become productive members of society, break away from a cycle of poverty and imprisonment, as well as improving their life opportunities. This legislation has the potential to lead to safer communities and parents engaging in their children's lives and not in prison. It also has the knock-on effect of them contributing to the tax base and to their communities’ prosperity.

There are some barriers to reintegration. Someone with a conviction may not be accepted to a college course or be able to complete a college course due to the placement element of the course. If the individual cannot complete and has to drop out, the way fees are structured, they may have to pay to do a repeat first year in a different course. This has the effect of education being financially impossible and that path may be forever closed.

Garda vetting affects all areas of life, college and employment. Someone could lose their educational course or employment due to their convictions becoming disclosed. Garda vetting is just that. It is not but can be seen as Garda clearance. We had a recent experience of a man with a serious conviction more than 20 years old, working as a bus driver. When his employer found out about his conviction, through the media, he lost his job, then his accommodation and, eventually, ended up back in prison. He had being doing well before losing his job.

If one has a conviction, no matter the type, when one discloses it to an insurance company, one will pay a higher premium for insurance. Some of these premiums can be excessive - more than €3,000 or more.

It can also act as a barrier to employment. If an individual must disclose historical convictions, regardless of the length of time since they offended, then they may be unable to obtain even minimum wage employment. Surely they have a right to work and provide for themselves and their families.

Section 55 of the Charities Act 2009 is a perfect example of discrimination. If someone who has a conviction wishes to serve on the board of directors of a charity, he or she must go to the High Court to get an exemption to serve on that board. He or she must have legal counsel and, through High Court affidavits, he or she must detail their life story. The judge then decides if it is in the public interest for the individual to serve on the board of the charity. If one wants to serve on another board of a charity, one must go back to the High Court each time.